SPECIAL. BOARD OF ADJUSTMENT NO. 132
Parties: THE ORDER OF RAILROAD TELEGRAPHERS
THE BALTIMORE AND OHIO RAILROAD COMPANY
AWARD IN DOCKET NO. 3
STATEMENT
OF CLAIM: 1. Carrier violated the agreement between
the parties hereto when on March 16, 17 and
18, 1951, inclusive, it caused, required and
permitted train service employes not covered
by the Telegraphers Agreement, to handle (receive,
copy and deliver), train orders at Wolf Summit,
West Virginia, which work was and is reserved solely
to employees covered by the Telegraphers' Agreement.
2. Carrier be required to compensate the, senior
idle telegrapher (extra in preference) for one day's
pay (8 hours) on each date shown above. -
FINDINGS: On March 15, 1951 Centralized Traffic Control was
placed in service from J Tower, Clarksburg, on the East to the
east switch at Salem on the West. At that time Wolf Summit
was discontinued as a train order station and the second and
third tricks were abolished. An AOB position at Wolf Summit was
retained with hours from 8 A.M. to 5 P.M.
On March 16 at 2.42 P.M., March 17 at 10.33 P.M.,
and March IS at 3.23 A.M., a member of crew of train operating
on the newly installed CTC territory copied train orders at
Wolf Summit when the signal at that point failed, which orders
authorized them to proceed to J Tower. Carrier pleads the
Emergency exception in Article 35.
The record reveals that for the first 3 days following
the installation of the CTC system there were occasional signal
failures along the territory covered by that operation. It
further shows that the Carrier maintained an around-the-clock
force of signal maintainers in the territory and th&t an official
force was also on hand in anticipation of possible signal failures.
It is a fair inference from the Carrier's actions that
signal failures were anticipated during the first two or
three days of the new operation. In other words, they were
reasonably foreseeable consequences of the new installation.
It is axiomatic that one cannot plead his own lack of
reasonable foresight as an emergency. With the reasonable
probability that there would be signal failures during the
first few days of the new operation it was reasonably
foreseeable that there would be a need for train orders to
move trains held up because of signal failure. Under the
circumstances the Agent-Operator at Wolf Summit should have
been called to copy the train orders involved. Such finding,
however, is not intended to reflect any views with respect
to whether or not signal failure in CTC territory where the
operation has been in effect for a longer period constitutes
an emergency.
The claim will be sustained on behalf of the
Operator at Wolf Summit for separate calls on March 17 and
March 18, 1951. Under the peculiar circumstances hereinvolved
no claim will be allowed for March 16, 1951 inasmuch as the
train order was copied during the assigned hours of the
operator's position.
AWARD
Claim (1) Sustained; Claim (2) sustained to extent
indicated in Findings.
S/ Francis J. Robertson
Francis J. Robertson,
Chairman
S/ B. N. Kinkead
B. N. Kinkead,
Employe Member
Dated at Baltimore, Maryland this 24th day of
April, 1957.
S/ T. S. Woods,
T. S. Woods,
Carrier Member